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If review is accepted, the unconstitutional legislation would be directly heard by Supreme Court rather than Court of Appeals

Olympia, Washington — OCTOBER 30, 2023 Citizen Action Defense Fund (CADF) through retained outside counsel, has filed an appeal with the Washington State Supreme Court in its challenge to key legislation contained in the 2022 Transportation Package. If review is accepted, the Court would hear arguments about the unconstitutionality of the legislation and have a chance to overturn it, thereby lowering the cost of gas and driver’s license fees in our state.

A Constitutional Violation

Doriot et al. v. State of Washington was filed on behalf of an individual, a small business, and a family trucking corporation seeking the court to invalidate ESSB 5974 due to its violation of the single subject and subject-in-title requirements of the Washington State Constitution.

The appeal is from a September 22, 2023, ruling by Thurston County Superior Judge Mary Sue Wilson. In its Statement of Grounds filed today with the State Supreme Court, CADF through counsel argued that the trial court ruling is inconsistent with not only the state constitution, but other court decisions relating to this issue. 

“Courts have been very clear in the past in adhering to the single subject requirement in both legislation and initiatives. It stands to reason that our state’s highest court should apply that same historical logic here, not only to remain consistent with the law, but to uphold the constitution,” said Jackson Maynard, Executive Director of CADF.

The Importance of Reversing ESSB 5974

CADF also noted the public importance of the case. “The reversal of ESSB 5974 would help the taxpayers of our state by ensuring they are not paying astronomically high gas prices and driver’s license fees, which are particularly important given recent economic uncertainty in our state and high inflation rates in our country.” said Maynard. “With billions of dollars and the authority of state agencies to engage in rulemaking on incredibly harmful and unpopular programs at stake, it is difficult to imagine a case that presents a more important matter for the State Supreme Court to review.”


For more information:

Jackson Maynard

Executive Director

Citizen Action Defense Fund

Phone: (850) 519-3495

[email protected]